8468-94 Amending Chapter 13 of the South Bend Municipal Code Selected Weapons & Instruments of Violence Prohibited

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• Anti-Crime Ordinance Page 2 Common Council believes that this ordinance is a proper exercise of its police powers,is in the best interests of its citizens and would further promote public health and safety of our neighborhoods and community as a whole. 1fiob3, tijtrtfore, In it orbtlirta, by the Common Council of the City of South Bend,Indiana, as follows: Section I. Chapter 13 of the South Bend Municipal Code is amended by the inclusion of new Article 9 which shall read in its entirety as follows: ARTICLE 9. SELECTED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED. Division I. Loaded Assault Weapons Prohibited. 1 Sec. 13-90 Public Policy and Findings of the Council. (a) Pursuant to the "Home Rule" authority specifically granted to local municipalities,the Common Council believes that local problems require local responses so that positive action can be properly implemented to protect the citizens of our community. (b) The Common Council finds and declares that the proliferation and use of assault weapons pose a serious threat to the public health, safety, and welfare of the residents of our city, and those individuals who visit our city. (c) The Council further finds and declares that current federal and state regulations are wholly inadequate to counteract the social, economic and financial costs caused by assault weapons in our society. (d) The Council therefore concludes that it is necessary to establish the following regulations which restrict the possession and sale of assault weapons, and believes that such regulations are a proper exercise of their police powers. Sec. 13-91 Definitions. The following definitions shall apply throughout this Article: (a) Ammunition shall mean any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended for use in any firearm. (b) Assault Weapons shall mean and include: (1) Any center fire rifle with automatic action or semi-automatic action or revolving cylinder weapon,or carbine which accepts a detachable magazine with a capacity of over fifteen (15)rounds; (2) Any semiautomatic shotgun with a magazine capacity of more than nine (9)rounds;